Legal Opinion
Alabama By-Products Corporation v. George D. Patterson, District Director of Internal Revenue
Court of Appeals for the Fifth Circuit
Decided August 29, 1958No. 16840_1PublishedCited by 56 opinions
1Opinion of the Court
WISDOM, Circuit Judge.
Alabama By-Products Corporation filed suit to recover income and excess profit taxes for 1952. Recovery depends on the right of this taxpayer to an allow-anee for percentage depletion on certain coking coal mined by the taxpayer and converted into foundry coke in its byproduct coke-ovens,
Section 23 (m) of the 1939 Internal Revenue Code, 26 U.S.C.A. § 23(m), provides for “a reasonable allowance for depletion” on mines. Section 114(b)(4) 0f the 1939 Code allows percentage depletion on coal at the rate of 10 per cent 0f “gross income from mining” coal, such allowance not to…
2Cases cited11 opinions
- United States v. Garbutt Oil Co.Supreme Court of the United States · 1938
- Heiner v. CrosbyCourt of Appeals for the Third Circuit · 1928
- United States v. Cherokee Brick & Tile CompanyCourt of Appeals for the Fifth Circuit · 1955
- Carmack v. ScofieldCourt of Appeals for the Fifth Circuit · 1953
- Virginian Limestone Corp. v. CommissionerUnited States Tax Court · 1956
6 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Mike Gustin v. United States of America, Internal Revenue ServiceCourt of Appeals for the Fifth Circuit · 1989
- United States Pipe & Foundry Co. v. PattersonDistrict Court, N.D. Alabama · 1962
- Continental Equities, Inc., Cross-Appellant v. Commissioner of Internal Revenue, Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1977
- TRUE v. United StatesCourt of Appeals for the Tenth Circuit · 1999
- The Charter Company v. United StatesCourt of Appeals for the Eleventh Circuit · 1992
51 more not listed; retrieve them via the Exa API.